Virginia law contains a process, other than hospitalization, by which the state can force someone with mental illness to receive treatment, known as “mandatory outpatient treatment.” Some legislators believe this coercive technique is underutilized. They are offering proposals to make it easier for the state to force someone into treatment.
All legislation concerning mandatory outpatient treatment will be in a House subcommittee on Monday (2/3) morning, starting at 8 am, on the 4th floor of the Pocahontas Building. The members of the House Health, Welfare and Institutions subcommittee on Behavioral Health are:
Delegate Marcia Price, Chair DelMPrice@house.virginia.gov
Delegate Patrick Hope DelPHope@house.virginia.gov
Delegate Mark Levine DelMLevine@house.virginia.gov
Delgate Rodney Willet DelRWillett@house.virginia.gov
Delegate Rob Bell DelRBell@house.virginia.gov
Delegate Chris Head DelCHead@house.virginia.gov
Delegate Mark Sickles, Ex Officio, DelMSickles@house.virginia.gov
The bills being considered are:
HB 699 (Hope) revises the process for revision of a forced treatment order. Includes language of “in determining the appropriateness of OT, the court may consider the person’s material non-compliance,” and that MOT remains in effect until the date specified in the order or until the order is rescinded.
HB 700 (Hope) eliminates the requirement that a person must agree to cooperate in the treatment.
HB 702 (Hope) requires a Community Services Board to demonstrate that it made efforts to assist an individual to comply with a forced treatment order.
HB 1026 (Adams) removes the requirement that a person must have a history of noncompliance before a mandatory order may be issued.
HB 713 (Hope) extends the maximum time period for a forced treatment order, from 90 to 180 days and creates a process for judicial review of a person’s compliance with the forced treatment order.
If you know of proposed legislation that you think we should know about, please let us know. Contact us at info@dlcv.org or by calling 1-800-552-3962 or 804-225-2042. We are here to educate policymakers about the impact of their decisions on the lives of people with disabilities. Our mission is to advance independence, choice and self-determination; protect legal, human and civil rights; and eliminate abuse, neglect and discrimination of people with disabilities through zealous and uncompromising legal advocacy and representation.